Small fir ms war ned of bogus demands

SMALL rural businesses in Wales are being warned to be on their guard against bogus demands aimed at frightening them into paying more than three times the legal cost of registration under the Data Protection Act.

SMALL rural businesses in Wales are being warned to be on their guard against bogus demands aimed at frightening them into paying more than three times the legal cost of registration under the Data Protection Act.

The Country Land and Business Association (CLA) has urged small enterprises not to be taken in by so-called "Enforcement Notices" from private companies giving themselves official-sounding titles implying statutory authority, and claiming to be enforcing the requirements of the legislation.

In recent months, many businesses have received such letters stating that they must notify the Information Commissioner about the uses to which they put their computers.

But the recipients are told that they must do so through the self-appointed enforcement companies, and often at a charge of &#xA3;95 plus VAT, which is well above the true cost of legitimate notification.

The CLA has suggested that all such letters should be forwarded immediately to the nearest Trading Standards Office.

And it has also stressed that while the law requires businesses to inform the Commissioner about the use of personal data on their computers, there are several significant exemptions not mentioned in these misleading demands.

Mid-Wales CLA regional director Julian Salmon said, "The CLA has received a number of queries from members about letters being issued by certain private companies who claim to be enforcing the requirements of the Data Protection Act of 1998.

"Without exception, these letters have had headings such as Enforcement Notice and they have made no mention of the various significant exemptions that might mean a small company has no need to inform the Information Commissioner about its use of computer data.

"In our experience to date, every one of these companies has misrepresented the law and sought to charge in excess of the statutory costs of notification.

"The CLA would like to make it clear to our members and other small businesses that these letters have no official status whatsoever.

"Both the Information Commissioner and the Office of Fair Trading have taken action against some companies responsible, but it is apparent that others exist."